CG
Answered
Define the term "admission" as it relates to the applicability of the statute of frauds writing requirement.Discuss the advantages and disadvantages of the law regarding admissions,and set forth your reasoned opinion as to whether the law should recognize an admission.
On Jun 11, 2024
As with most legal rules,there are certain exceptions to which the statute of frauds does not apply,even though under normal circumstances it would.One of those exceptions is an admission.An admission is a statement made in court,under oath,or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.To the extent that the statute of frauds is intended to require proper evidence of agreements,the admission exception is well-reasoned.However,to the extent that the statute is intended to encourage care and caution in establishing the specific details of agreements,the admission exception seems to unnecessarily punish honest parties while rewarding dishonest ones.Students will vary in their opinions regarding whether the law should recognize an admission as an exception to the statute of frauds writing requirement.